Prentice v. Dike
The Superior Court of New York City
The action was brought to recover damages for the breach of a warranty on the sale of wool. The complaint alleged, that the defendants, in consideration that the plaintiffs would buy of them a lot of merchandise called flocks, for the sum of $200T£¡r; promised that the merchandise was free from any mixture of cotton; that the plaintiffs, in reliance upon this promise, bought the merchandise for the price demanded, and that at the time of the making of the promise by the…
Read the full summary
The action was brought to recover damages for the breach of a warranty on the sale of wool. The complaint alleged, that the defendants, in consideration that the plaintiffs would buy of them a lot of merchandise called flocks, for the sum of $200T£¡r; promised that the merchandise was free from any mixture of cotton; that the plaintiffs, in reliance upon this promise, bought the merchandise for the price demanded, and that at the time of the making of the promise by the defendants, the merchandise so bought, did contain a mixture of cotton, and was of no value to the plaintiffs; but on the…
1Opinion of the CourtBy the Court. Duer, J.
It would be a conclusive answer to the position upon which the counsel for the plaintiffs seemed disposed to lay the stress of his argument, namely, that there was an implied warranty that the goods purchased should be fit for the purpose for which it was known they were bought, that no such warranty, nor any facts from which it could arise, are alleged in the complaint. We cannot doubt, however, that the existence and terms- of an implied warranty, as material and traversable facts, are just as necessary to be alleged in the complaint, as those of an express warranty, where in each case the…
2Cited by3 opinions
- Draper v. SweetNew York Supreme Court · 1868
- Hoe v. SanbornNew York Court of Appeals · 1860
- Tower v. Howe Scale Co.City of New York Municipal Court · 1884